Florida Attorney General Sues Biden Administration to Halt Mass Release of Immigrants as Title 42 Ends

Florida Attorney General Ashley Moody sued the Joe Biden administration in federal court Thursday for blocking the mass release of undocumented immigrants into the US after the Title 42 public health order expired.

Moody is seeking a temporary restraining order to stem the expected influx of immigrants, arguing that Biden's current policy of paroling immigrants mirrors a similar order that was struck down by a federal judge last month.

The Florida attorney general alleges that the DHS plan to release immigrants on the streets is illegal, as it is too similar to the “probation under alternative to detention (ATD) programs” policy prohibited by a judge Federal in March.

Judge Kent Wetherell of the Southern District of Florida noted in his March ruling that the parole policy combined with ATD is “unlawful” as it violates Administrative Law (APA).

Moody's emergency motion for a temporary restraining order claims the Biden Administration's approach echoes an earlier policy that allowed undocumented immigrants to be paroled into the interior of the nation, if local officials did not could carry out the required procedures.

Moody argued that Biden's latest strategy was “materially identical” to the earlier policy and therefore invalid. “The behavior of the Biden Administration, if left unchecked, mocks our justice system and our Constitution,” the prosecutor's filing reads.

Judge orders DHS secretary to respond

“It appears that DHS is preparing to circumvent the Court's order in Florida v. United States,” U.S. District Judge T. Kent Wetherell said in an order issued Thursday to Alejandro Mayorkas, the DHS secretary, that requires an “expedited response,” according to Florida's Bay News 9.

Wetherell's order refers to a ruling he handed down on March 8, after the state of Florida presented evidence that the department was “releasing aliens arriving at the Southwest border en masse into the country through various security policies.” no arrest”.

Attorney General Moody pointed directly to an NBC News article on Wednesday, which reported that Biden administration officials had authorized Customs and Border Protection (CBP) to release the migrants “to the US without court dates or the ability to track them.”

A spokesman for the Department of Homeland Security clarified that the policy would only apply to those aliens who have already been “carefully” screened by border agents.

In anticipation of Title 42 coming to an end, along with the COVID-19 Public Health Emergency on May 11, Florida Governor Ron DeSantis signed legislation Wednesday into law making it a felony to transport someone that you know, or reasonably should know, that you are living in the country illegally.